Under Telephone Seminars - Training Resources

Current Issues in Real Estate Title and Title Insurance BenefitsThis teleconference is a nuts-and-bolts program designed to give you real life practical information to facilitate the closing of commercial and residential real estate transactions. You'll gain insight into the workings of the title industry to better prepare you to anticipate problems and assist in developing solutions to ultimately close the transaction. This teleconference will  more...

Understanding LEED for Sustainable Building ...understand the U.S. Green Building Council Leadership in Energy and Environmental Design program, as it was significantly revised in 2009. The comprehensive introductory materials will prepare you for additional training to receive your LEED credential as an accredited professional or LEED AP. In January 2009, the U.S. Green Building Council installed the third-generation version of its well  more...

Partnerships and Section 704(c) ...y or are distributed from such an entity. The regulations under Section 704(c) provide a very flexible but very complicated set of rules for required allocations that apply to contributions property to or distributions property from an entity that is treated as a partnership. This teleconference is designed to help the drafters of the basic operating documents for an entity treated as a  more...

IRC Section 41: Credit for Increasing Research Activities Update ...rence will feature a discussion around one of the most misunderstood and misapplied sections of the Internal Revenue Code, Section 41 - Credit for Increasing Research Activities. Our team of former Big Four partners and managers has collectively worked on more than 500 research tax credit studies during our careers. Learn from some of the top technicians in the industry on what can and can't be  more...

EPA's Rules on Compensatory Mitigation for Impact on Wetlands, Streams and Other Waters ...ules that dramatically changed its approach to mitigation under Section 404 of the Clean Water Act, which regulates fill in wetlands and other waters of the United States. The new rules adopt a mitigation hierarchy that moves away from the prior preference for on-site, in-kind mitigation in favor of mitigation banks and watershed-based mitigation programs. The rules also clarify the financial  more...

The Art and Science of Ethically Firing a Client ...ken to successfully terminate your duties to that client? Under what circumstances is the lawyer entitled to recover any fees or expenses from its subsequent judgment in a contingent fee representation? How should you document your withdrawal? This informative 90-minute teleconference will cover the full range of issues and identify best practices and potential checklists for considerations. It  more...

Assignments for the Benefit of Creditors: What You Need to Know About ABC's ...dation of a distressed business that while long available under state laws, has had little use outside of states such as California, Illinois, Florida and Massachusetts. The fiduciary nature and responsibilities of the assignee will be covered, as will the advantages and disadvantages to the process as compared to bankruptcy. You will gain a better understanding of the nature of general  more...

Powers of Attorney: Medical Records Release Concerns ...understand that each day, personal health information is transmitted in various forms between hospitals, doctors, attorneys, insurance companies, patients, and their lawyers and families. With increasing reliance on electronic medical records, health information can be transmitted with minimal effort. However, health information requests become more confusing and less streamlined when dealing  more...

Conflicts With Additional Insured Coverage ...orms may provide less (or more) coverage than the parties understand or anticipate. This teleconference will provide a critical review of both the basics of additional insured coverage and a discussion of recent important developments. Learning Objectives - You will be able to differentiate between CGL and property insurance policies. - You will be able to summarize what it means for someone's  more...

Battle of the Forms: Back to the Basics and Recent Developments ... a detailed look at the basics of the battle of the forms under UCC 2-207, with a focus on the practical application of the rule. We will discuss the steps necessary to gather the facts crucial to the analysis, walk through the analysis from different perspectives, and discuss significant majority and minority views throughout the U.S. and how the results may differ under the varying  more...

Avoiding the Pitfalls of GMP Contracting ...strongly suggest that the parties using them do not fully understand: (a) the differences between GMP contracts and the contracts that the users are used to working under, or (b) the risks that are inherent to this delivery system. This teleconference is designed to highlight those differences and alert you to the unique risks of using this format. This program will be presented in a simple  more...

Curing Title Exceptions ... that provide coverage against a spectrum of title risks. Under what circumstances will title insurance be available to insure against mechanics liens, judgment liens, tax liens and other recurring statutory liens? This teleconference will discuss and compare practical pre-closing solutions to real estate title problems involving sellers, buyers and lenders. This program is primarily designed  more...

Recent Updates to the EPA's Brownfields Program ...lds Program. You will learn about benefits you can obtain under the Federal Brownfields Program, the status of the program and some of the risks to brownfields development resulting from a recent Supreme Court case and environmental risks associated with vapor intrusion. Learning Objectives - You will be able to summarize regulatory updates. - You will be able to predict how the stimulus  more...

Directors' and Officers' Liability Insurance: Current Topics and Key Issues BenefitsIn the era of the subprime mortgage crisis, directors and officers are acutely aware of the potential for liability and the importance that directors' and officers' liability insurance afford sufficient coverage to provide for a defense and indemnity for any settlement or judgment. This teleconference will provide you with insight into common issues and trends that arise during a claim for  more...

Medical Records Releases, Retention and Confidentiality Requirements ...ability Act of 1996 and the regulations promulgated there under, which have been substantially upgraded in the recently-passed stimulus bill and made applicable to entities that were not subject to HIPAA before. This teleconference will also identify common state statutory and regulatory schemes that deal with medical record release and retention. It will also offer some advice, tips and sample  more...

Dealing With Employees Who Have Been Charged With a Crime ...its employees has been arrested and charged with a crime. Under our legal system, the familiar mantra is that an arrested person is 'innocent until proven guilty'. So, what can an employer do to address situations where an employee has been arrested or has been charge or incarcerated for a crime but has not yet been convicted? For example, can an employer fire such an employee before any  more...

Wage and Hour Update: Overtime Concerns With Mobile Devices BenefitsEmployer expectations for 24/7 access to employees is now the norm for many industries as new technologies allow work to be done virtually anywhere at any time. Serious questions have emerged about how employers should limit, monitor and compensate remote work hours. Recent litigation trends also show that compensation for time worked away from the office during nontraditional hours is  more...

Implications of the Stimulus Package on HIPAA ...the protection of health information privacy and security under HIPAA, some of which are already in effect. New requirements for business associates of HIPAA covered entities and requirements to notify individuals in the event of a breach are only two of the many areas affected in the new law, including new requirements for restricting and accounting of disclosures and increased enforcement  more...

Complying With OSHA Recordkeeping Requirements ...ant employers OSHA views as not meeting their obligations under the OSH Act are targeted for additional enforcement actions. One of the key components of OSHA's strategy for identifying workplaces to be inspected and an item reviewed in virtually every inspection conducted, is injury and illness recordkeeping. This teleconference is designed to familiarize you with the requirements of OSHA's  more...

Hot Wage and Hour Issues: Assuring Proper Exempt and Nonexempt Classification of Your Employees ... of their rightful pay. This teleconference will help you understand the overtime exemptions available under the law, the nature of the claims asserted by plaintiffs, and the newest areas of focus and arguments advanced by plaintiffs' counsel. It will also explain what steps you can take to assure proper classifications and to minimize the likelihood and success of these misclassification  more...

Understanding UCC Article 9 Foreclosures ...nges in protecting their interests, foreclosing on assets under UCC Article 9 may be the right option. If appropriate, a public auction, private sale or friendly foreclosure under Article 9 may provide a quick and relatively inexpensive resolution. The UCC foreclosure process contains some pitfalls that creditors need to avoid and obstacles that should be addressed. However, with careful  more...

Understanding Your Summary Plan Descriptions ...PD is an important disclosure document that describes, in understandable terms, the rights, benefits and responsibilities of participants and beneficiaries in ERISA covered health and welfare benefit plans. The SPD must include important information regarding the plan, such as information on how the plan works, eligibility requirements, what benefits the plan provides and how those benefits may  more...

Family Limited Partnerships in Estate Planning ...partnerships or family limited liability companies do not understand the reasons for forming these entities in the planning process. They also are not clear on what is the current status of statutory and case law concerning the continued use of these entities. This teleconference will help you learn to identify when the use of this entity for a particular client situation is warranted and what  more...

Revised Federal Form 1065 ...n the form of limited liability companies and being taxed under the partnerships rules as a pass through entity. The preparation of a partnership income tax return is becoming increasingly more challenging as the IRS increases the level of transparency and reporting. The purpose of this teleconference is to highlight important areas for your attention and practical preparation tips as well as  more...

The Claims Process on Federal Government Contracts - Maximizing the Return on Your Investment ...inations. However, all too often these contractors do not understand how to effectively seek compensation for these additional costs. This teleconference will help you understand the types of costs you can recover, the circumstances under which certain costs may be recovered and how to go about recovering these costs. This teleconference also explains the claims process under federal  more...

Low Quality Asphalt: How to Avoid Problems Down the Road ...ractical and how to choose the specific materials for use under different conditions. Both advantages and potential problems with each method will be discussed. Learning Objectives - You will be able to analyze and evaluate distressed pavements. - You will be able to apply cost and risk in pavement considerations. - You will be able to illustrate rehabilitation of distressed pavements. - You  more...

Implied Obligations in Construction Contracts ...cts, there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation. During this national  more...

The Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single Family Homes ... federal Interstate Land Sales Full Disclosure Act do not understand how to comply, or perhaps worse, they think they're in compliance when they're not. These developers do not understand either how to draft unit purchase agreements to comply with the completed home exemption or when circumstances of their program would indicate consideration of registration. This teleconference will help you  more...

Payroll Tax Pitfalls: Preventing IRS Penalties and Personal Liability for Late Payments ...past due payroll taxes. This teleconference will help you understand the procedures and potential problems associated with making timely and accurate payroll tax deposits and payments. We will explain the penalties that can be assessed for noncompliance and the circumstances under which the IRS may waive penalties. After attending this teleconference, you will have an increased awareness of the  more...

Pupil Records: Rules, Responsibilities and Requirements ... variety of contexts, often leaving school administrators under pressure to make split-second decisions regardless of the legal ramifications. Among many others, schools may face pupil records dilemmas such as: 1. Expelled student claims she was wrongfully disciplined and takes her case to the media. The media asks the school for documentation to support the expulsion and respond to student's  more...

8 Issues When Doing Business or Contracting With Native American Tribes ...ican Indian tribes in the United States, each established under a constitution unique to the tribe. Each tribe, through its constitution and subsequent legislation, has developed its own laws and regulations addressing issues of contracting, jurisdiction and waivers, if any, of sovereign immunity. Individuals and entities seeking to do business with and/or contract with one or more tribes must  more...

Construction Recordkeeping and Documentation Requirements for Government Contracts ...d retention obligations beyond what is minimally required under the contract. This teleconference will outline federal contractors' general recordkeeping obligations and will discuss penalties that can result from noncompliance. In addition, the speakers will provide practical considerations that should be taken into account by contractors in establishing their own record retention. Learning  more...

Jeopardizing Exempt Status: Top 10 Mistakes Employers Make and How to Avoid Them ...under the Fair Labor Standards Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken (or not taken) by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime. This teleconference is designed to help you identify issues which jeopardize  more...

Options Under Section 504 ...to best comply with these obligations and avoid liability under this statute. It will also discuss the effect of last year's amendments to the Rehabilitation Act and the Americans with Disabilities Act. Learning Objectives - You will be able to recognize obligations to provide FAPE under Section 504. - You will be able to identify reasonable accommodations. - You will be able to define the  more...

Conducting Background Checks ...nd how the resulting data discovered can be used) must be understood or otherwise an employer will find themselves defending against their own illegal actions. This teleconference will discuss generally the kinds of background checks that can be conducted by employers and will likewise address the various legal restrictions imposed (primarily under federal law) for conducting background checks.  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ... records an income tax lien, lien priority determinations under state law may be complicated by governed federal laws. This teleconference will discuss HOA lien priority according to state statutes, which may be preempted by the federal tax code. We will also discuss when the federal tax lien does not take priority over an HOA lien. Considering these respective lien rights, we will discuss an  more...

Doing Business with Distressed Vendors and Customers: Strategies to Employ in Workouts, Litigation and Bankruptcy BenefitsThe strains of the current economic crisis are being felt in every industry and at every point in the supply chain. More and more often, vendors are encountering distressed buyers and buyers are dealing with distressed suppliers. Attend this teleconference and you will learn to recognize the early warning signs of financial distress, and be armed with strategies that can be employed in  more...

Medicare Secondary Payer Act - Protecting Medicare's Interest in Insurance Settlements ...nt has been made or can reasonably be expected to be made under a workmen's compensation law or plan of the United States or a state or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance.' By law, Medicare has a priority right of recovery from the primary payer as well as from parties in receipt of third-party payments, such as  more...

Current Issues in CEQA ...ew into how courts are dealing with greenhouse gas issues under CEQA. Finally, we will present 2009 CEQA decisions impacting development of projects within the state. Learning Objectives - You will be able to specify recent and proposed CEQA decisions concerning greenhouse gases. - You will be able to debate mitigation impact and effects of greenhouse gases. - You will be able to examine  more...

Employer's HIPAA Privacy and Security Responsibilities ...Under HIPAA and State Laws Create Obligations for Employers /strong Personal and company confidential data, exceedingly valuable assets, are under siege. Organizations across the country and locally have experienced significant data breaches resulting in unauthorized access to a vast amount of personal and company confidential information. At the same time, technology continues to advance  more...

Meeting Your Fiduciary Responsibilities Under ERISA BenefitsMaintaining an employee benefit plan subject to the Employee Retirement Income Security Act of 1974 requires that people managing the plan or investing plan assets become fiduciaries. You need to know when they might become an ERISA plan fiduciary. You must understand your legal obligations to plan participants and beneficiaries. This teleconference will provide you with an overview of the  more...

GSA Price Reduction Clauses (PRC) in Contracts ...oducts to the federal government. However, doing business under GSA FSS contracts presents a number of compliance issues, with one of the most important being the price reduction clause. This clause is included in all of the GSA Multiple Award Schedule schedules and essentially it guarantees that GSA receives a contractor's most favored customer pricing upon award and protects it from any lower  more...

Daubert Motions: Challenging Expert Opinions ...s in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence. This teleconference will give you the ammunition you need to challenge opposing  more...

Collective Bargaining and Construction Labor Contracts ...hat the agreements do not accurately represent the verbal understandings they had reached with the union. Many of these contractors soon learn they are bound to the collective bargaining agreements for longer periods of time than expected and that the agreements cover all projects involving work within the union's jurisdiction. As a result, the contractors exposed their businesses to increased  more...

Curbing FMLA Abuse: How to Manage Manipulative Employees ...ivity in the workplace. This teleconference will help you understand what you can do to use the FMLA regulations to curb FMLA abuse. This teleconference will explain how to ensure that employees meet all of their obligations under the FMLA. While you cannot stop the use of FMLA leave, you can work to eliminate the types of abuse that interfere with work. Human resource and benefits  more...

Clean Air Act Update ...acing unprecedented uncertainty as to future requirements under the Clean Air Act and an array of new programs addressing stationary and mobile emission sources. The Obama Administration and Congress are poised to usher in a new era of greenhouse gas and energy regulation. At the same time, the Obama EPA is confronting a bewildering array of court-ordered regulatory revisions and politically  more...

Federal Flood Plain Regulation ...titioners continue to struggle with jurisdictional issues under the Clean Water Act regarding wetlands regulation, with new EPA and USACE guidance following the Rapanos decision offering limited relief. In the post-Hurricane Katrina era, FEMA is proposing sweeping changes to flood plain regulations in conjunction with its Flood Insurance Rate Map Modernization Program. These changes include new  more...

Current ERISA Fiduciary Issues for Financial Institutions ...ave long been faced with difficult and complicated issues under ERISA's fiduciary rules. The current economic downturn has given rise to a new round of legislative and regulatory initiatives regarding ERISA's fiduciary rules and has more generally affected the manner in which ERISA may affect financial institutions. In addition, the regulatory environment continues to evolve, apart from any  more...

Landlord and Tenant Law: Commercial Tenant Bankruptcy Considerations BenefitsIn today's uncertain economic climate, commercial tenants may find themselves with diminishing cash flows and limited resources to satisfy their obligations to their landlords, leaving both grappling with tough decisions, including whether to renegotiate the existing lease, terminate the lease or exercise other remedies upon default. This teleconference will explore the rights, remedies  more...

Cracking Nuts: Locating Hidden and Transferred Assets ...familiar with the shell game in which someone puts a ball under one of several shells and then mixes up the shells leaving another person to guess which shell the ball is under. Debtors like to play 'hide the ball' under shell companies. Creditors who entertain that game are missing the ball! This teleconference is for those who want to learn how to pierce the corporate veil, pursue alter ego  more...

Providing Investment Advice to Retirement Plan Participants Without Triggering Liability ...nt advice, including the new investment advice exemptions under the Pension Protection Act. Regulation of investment advice is rapidly changing. The Obama Administration has twice delayed the effective date of the final investment advice regulations under the Pension Protection Act, and new investment advice legislation is pending in Congress that could alter the regulatory landscape  more...

Protecting Attorney Work Product in Communications With Testifying and Consulting Experts ...ect to disclosure. These communications and materials can undercut the authority of the expert, embarrass the lawyer or worse. Alternatively, these communications can provide a treasure of cross-examination materials. This teleconference will review the current state of the law on the discoverability of expert communications with a focus on federal treatment of testifying and nontestifying  more...

Taxation Issues When Conducting Business With Native American Tribes BenefitsThe American Recovery and Reinvestment Act of 2009 included a number of provisions designed to encourage economic development on Native American reservations, including expanded authority for American Indian tribes to issue tax-exempt bonds for projects on American Indian lands and a $500 million investment of funds for infrastructure, renewable energy, tribal detention facilities and  more...

Making Revisions to Closed Medical Records ...mation. When is it appropriate to make revisions, how and under what circumstances, and at whose request? This teleconference will enable health information professionals to know how to respond to requests to revise closed records, to know what is required for individual rights under HIPAA, and to know what belongs in any organization's procedures for revising closed medical records. You will  more...

Purchasing Law: Breach, Repudiation and Excuse ...e delivered. This teleconference will provide you a basic understanding about what you can do when your purchase contract goes bad. You will receive a primer on the steps you need to take to preserve your rights and the remedies that may be available under the Uniform Commercial Code. Learn about the important notifications you need to make when the goods arrive but are defective, or when you  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond ...nd trier of fact must take into account the circumstances under which police officers must make such decisions. The Court has also historically emphasized that district courts must consider the application of qualified immunity to any police case, including claims of excessive force. Scott v. Harris brings these two legal issues together in a case in which a police officer made a conscious  more...

Major Issues in WiMAX Tower Leases and Zoning ...scrimination or other claims, such as claiming protection under federal cell tower zoning or telecommunications statutes, if their zoning results differ from those for cell phone companies. This teleconference will focus on the unique aspects of WiMAX tower leases and zoning, and help level the playing field by providing private and municipal property owners with the expertise of two faculty  more...

Pervious Concrete - The Pavement That Drinks! ...s, rainfall is unable to soak into the ground as it would under natural conditions. It must therefore flow off the pavement and into adjacent areas, which can result in flooding, erosion and disruption of the environmental balance. Pervious concrete parking areas eliminate the need for retention ponds and other runoff collection methods, providing for more efficient land use. This benefits not  more...

Who Should Bear the Risk? Top 10 Things Developers Need to Know About Loan Documents ...ghtening in the commercial lending market, developers are under increased pressure to provide lenders with projects that present no more than a responsible risk. After an equity requirement, loan documentation is the primary vehicle for allocating risk between the parties. This teleconference will help you understand lenders' requirements and the variety of loan documentation solutions actively  more...

Effective UCC Search Strategies to Minimize Risk ...by the debtor's predecessors in interest or by the debtor under prior names or in prior locations. In addition, other liens not governed by Article 9 must be taken into account and those liens are not held to the same standards that affect searchability as Article 9 security interests. Searching is not a mechanical process and there is no procedure that guarantees comprehensive results in every  more...

ADA Update: Overview of Americans with Disabilities Act and Practical Implications for Employers ...substantially alter and expand the definition of disabled under the ADA and who might be protected. This teleconference will review the ADA amendments and related issues, provide you with practical advice on how to comply with the ADA, and address common ADA and employment issues that may be impacted by the new law. Human resource managers, benefits professionals, business owners and managers,  more...

Managing External Health Information ...rtain where to store it and so have filed the information under the miscellaneous tab of a traditional paper record, which has become the 'kitchen junk drawer' of the medical records department. With increasing numbers of providers converting to electronic medical records, the question of how - and whether - to address and integrate these records into the facility's medical records is becoming  more...

Basics of Trust Administration ...e an overview of basic principles of trust administration under U.S. law, including powers and duties of trustees; relations with beneficiaries; removal and replacement of trustees; the use of directed trustees, protectors and investment managers, etc., to "slice and dice" trustee powers; probate court involvement in trust administration; and concepts in fiduciary accounting and income tax  more...

FCRA and FACT Act Regulatory and Litigation Update 2009 ...under the Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act have become effective. These rules restrict cross-marketing by financial institutions and other companies; impose new requirements on companies that use credit reports; and require lenders and others to establish new fraud prevention programs. In addition, a spate of federal court decisions interpreting the  more...

Successfully Maneuvering the Tax Maze of Amortization Rules nEfforts to simplify the rules on capitalization and amortization of intangible assets and benefits have resulted in a few lengthy sets of regulations that are often not easy to remember or apply. This teleconference provides a framework for identifying and applying the tax rules for the acquisition and creation of intangible assets, as well as costs to facilitate such transactions. Special  more...

Why Is This Guy Still on My Health Plan? nThis teleconference will cast light on an area many employers overlook but which has the potential to create significant exposure - that is, failing to coordinate a company's leave policies with the eligibility and termination provisions of its benefit plans. This results many times in inactive employees (inactive usually because of a disability or other leave of absence) lingering on employer's  more...

Tenancies in Common - Legal and Practical Issues ...000 offerings. In the last year, the number of materially under-performing TIC transactions has increased. As the commercial real estate market worsens, more workouts will be likely. This teleconference is aimed at helping those who have an interest in the property which is the subject of the TIC transaction consider the various issues affecting distressed TIC transactions. The teleconference  more...

2009 Updates to the International Residential Codes ...ed expense. On the other hand, homes that are constructed under the new 2009 IECC are forecasted to save 15-20 percent more energy than homes built under the 2006 code. This teleconference will take you through the changes to learn what lies ahead in the building code industry and how it will affect your business. n nLearning Objectives n- You will be able to apply new regulations for automatic  more...

IRS Form 941 Reporting Update ... tax collection system. Much of the administrative burden under that system falls on employers. An employer's failure to understand and comply with its obligations can result in IRS assessments, audits and penalties. This teleconference will help tax and payroll specialists and others with an interest in this issue to understand the employer's obligations under the employment tax collection  more...

Management and Protection of Wetland Buffers ... and serve as a source of detritus for aquatic food webs. Under federal and state regulatory mechanisms that have been promulgated to manage jurisdictional wetlands, these important areas are often overlooked or purposefully ignored. This teleconference will review the ecological benefits and functions of wetland buffers, and will discuss management and protection of these important features. n  more...

FDCPA Claims Based on Collection Letters ...ractices Act; an explanation of key terms and definitions under the FDCPA; practical guidance on how the FDCPA applies to collection letters; a discussion of recent cases involving claims arising from the use, or misuse of collection letters; and practical forms and checklists for ensuring compliance with the FDCPA. This teleconference is critical for attorneys and businesses who want to  more...

Impact of the New ADA Amendments on Schools ...nd also to students eligible for education accommodations under Section 504 of the Federal Rehabilitation Act of 1973. In subsequent years, Supreme Court decisions (Sutton v. United Airlines [1999], Toyota v. Williams [2002] and others) severely narrowed the range of disabled individuals considered eligible for ADA protection. Responding to concerns of both labor and education, Congress passed  more...

Preparing for and Properly Reacting To Legal and Illegal Drug and Alcohol Use in the Workplace ... the problem improperly can lead to significant liability under federal and law, including the Americans With Disabilities Act and employee privacy laws. This teleconference will help you understand what laws may govern or affect workplace decisions relating to drugs and alcohol. You will also learn how to develop appropriate policies that can be tailored to particular workplaces, train  more...

Handling Federal Garnishments from Receipt to Termination ...nference will explain the different kinds of garnishments under federal law and their use and limitations. It will provide you with a common sense and practical guide for fulfilling the legal imposed by such garnishments, including establishing protocols for the receipt, implementation and termination of garnishments, the proper calculation of the amount to garnish, what to do with garnished  more...

Unrelated Business Income Tax - Tax Information for Charities and Other Nonprofits ...tant and very diverse sector. The tax-exempt community is under a microscope. Problems that a few years ago might have gone unnoticed now get picked up and widely broadcast. Recent IRS compliance initiatives in governance, transparency, abusive tax avoidance transactions, executive compensation, tax-exempt hospitals and community benefit, and the current ongoing initiative involving colleges  more...

Optimize Your Workforce Scheduling ... is a significant cost of production, management is often under pressure to keep their workforce lean and flexible. The aim of workforce scheduling is to balance constraints to ensure that the right people with the right skills are in the right place at the right time. Workforce planning provides a systematic approach to determining staffing needs, analyzing the current workforce skills and  more...

Green Leases: Negotiating Renewals and Direct Leases Under Sustainability Mandates nA steadily increasing number of tenants, along with state pension funds and other institutional partners of commercial landlords, and state and local legislators are combining forces to press commercial landlords into moving forward with green buildings and the greening of existing buildings. The LEED® movement for green building leases started with encouraging energy efficiency and then  more...

Purchasing Contract Disputes ...o success stories. This introductory course will help you understand how such disputes arise, how to avoid them and how to deal with those legal disputes that you can't avoid. You'll gain an understanding of standard contract provisions and processes used by Fortune 500 companies to constructively address the typical disputes that arise in any business relationship. You will also learn about  more...

Clean Water Act Jurisdiction Guidance Under the New Administration - Rapanos or Oberstar? ...d loss of jurisdiction. This teleconference will help you understand the ever-changing jurisdictional landscape and navigate a course to project approval. The teleconference will explain how we got here and what to expect next. Failing to give proper consideration to Clean Water Act jurisdictional issues on the front end can delay a project, substantially increase costs and occasionally kill a  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax ...most U.S. states impose income tax on multistate business under the principles contained in the Uniform Division of Income for Tax Purposes Act, state courts and taxing authorities have interpreted that set of relatively uniform laws differently, especially with regard to the definition of business income. The differing interpretations of business income have increased significance to  more...

Multistate Sales Tax Issues for Contractors ...understanding who and what is subject to sales and use taxes, including who is responsible for collecting the sales tax or paying the use tax, e.g., who is the ultimate consumer, the differences between real and personal property, the taxation of repairs and repair services, and the taxation of intangibles such as warranties. Without an understanding of these concepts, a contractor may  more...

Maximizing Innovation and Design Process Credits for LEED. Certification ...understand how to gain credits for advanced green building practices, including both system technologies and design innovations, which may qualify under the Innovation and Design Process section. The IDP section and qualifications policy has been reworked under the 2009 revisions to the LEED® program. n nThe information in this teleconference is important to anyone involved with major green  more...

Criminal Liabilities Under HIPAA-Who Knew You Could Go to Prison? ...d. In addition, failing to be aware of criminal liability under HIPAA can lull health care providers into lax compliance efforts, thus exposing health care providers and individuals to increasingly severe sanctions. More importantly, depending on the facts of a given case, directors, officers and employees may also be directly liable in accordance with general principles of corporate criminal  more...

The Streamlined Sales Tax Project - How and Why It Affects Your Business ...ysical presence standard established in Quill. Therefore, under an economic nexus standard, taxpayers would be required to collect sales tax on all sales, regardless of whether they are physically present in a state. This could lead to a substantial confusion for taxpayers and tax jurisdictions. The SSTP represents the most comprehensive attempt at broad-based reform of the sales tax system  more...

Managing Risk and Investments for Trustees and Other Fiduciaries ... guarantors of the investment performance of trust assets under their management, as a practical matter, claims by beneficiaries for poor investment performance will only be raised when the trust has sustained losses. Further complicating the matter, such litigation may not occur for many years after the initial investment decisions in question were made, and the people involved in those  more...

Employee Retaliation: Supreme Court Update .... 1951 (2008) that employees can bring retaliation claims under Section 1981, a post-Civil War era race discrimination act, even though the law does not expressly refer to retaliation. Moreover, the CBOCS West decision recognizes a retaliation claim brought by an individual of any race, who suffers an adverse action as a result of attempting to help another employee who has been directly  more...

What You Need to Know About Section 404 Permits ... on a project site, determination of federal jurisdiction under the Clean Water Act and ultimately the need for any permits can influence project design, schedule and cost. In today's atmosphere of changing regulatory practices, particularly with respect to the determination of federal jurisdiction, it is critical to understand how the Corps administers its regulatory programs. This  more...

Common NEPA Mistakes and How to Avoid Them ...ies, their consultants and affected citizens do not fully understand the regulations, legal interpretations and practices for properly complying with NEPA. Thus, there are many mistakes in implementing the law. This teleconference will identify some of the most common mistakes made under NEPA and reveal the best ways to avoid them. You'll get practical advice for preparing useful and legally  more...

On-Site Power Generation: Challenges, Opportunities and New Developments ...lp you to ensure appropriate power reliability through an understanding of proper design and safe operations of on-site generator equipment and controls. n nNew developments in this field include new air quality requirements under federal New Source Performance Standards and federal NESHAPS. These new requirements are in effect now and additional NSPS requirements are being implemented in a  more...

What the New Ledbetter Pay Act Means for Employers nOn January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, effectively changing the landscape of the statute of limitations for equal pay discrimination claims. The act greatly expands the amount of time that employees have to bring claims of discriminatory pay practices, which could have a substantial impact on employers. This teleconference will help the  more...

Current Trends in Transit-Oriented Development ...n has fallen. This teleconference will help you to better understand what TOD is and how it will benefit under President Barack Obama's plan for a national economic stimulus. You'll find out what states, regional transit agencies and local governments are doing to encourage economic development through TOD and the role for the private sector, including investors and developers looking for new  more...

Using Medical Certifications to Minimize Employer Liability: FMLA, ADA and Workers' Comp ...to be a valuable tool to protect employers from liability under the ADA, the Family and Medical Leave Act of 1994, and state workers' compensation statutes. But the legal landscape for managing employee health issues has had many changes in recent months. Amendments to the ADA took effect January 1, 2009. The Genetic Information Nondiscrimination Act also takes effect in 2009. Employers are  more...

Payroll Recordkeeping: What You Need to Know ...mber of lawsuits and claims for overtime and unpaid wages under the Fair Labor Standards Act. Did you realize that liability for FLSA violations can be enormous? Recent reports estimate that over the last few years companies have collectively paid out more than $1 billion annually to resolve FLSA claims! Learn the role of the FLSA and its requirements as to the records to be kept by the  more...

Intermittent Leave Under FMLA nThis teleconference is designed to assist you in effectively managing FMLA leave taken on an intermittent or reduced-schedule basis. You'll learn the basics of intermittent and reduced-schedule leave, including the circumstances under which such leave must be made available to employees and how you should track these leaves. The teleconference will also address notice and certification issues as  more...

Multiplaintiff Settlement Negotiations ...ers are facing wage and hour cases and collective actions under the FLSA. Plaintiffs' counsel increasingly are relying on the benefits of Rule 23 certification to bring their wage and hour claims under applicable state wage and hour laws, bypassing the more restrictive FLSA collective action "opt-in" process. Where courts have shown reluctance to certify Rule 23 classes under discrimination  more...

Answers to Top 10 Common Payroll Questions ... their payroll practices, which may be entirely compliant under federal regulations, do not comply with differing state laws and regulations. Register for this teleconference and learn how to prevent 10 common payroll-related mistakes that employers face, such as proper pay statements, how to correctly calculate pay and overtime, accounting for vacation and time off policies, and special pay  more...

FMLA Regulation Update: Managing FMLA Leave under the New Regulations ...vely manage FMLA leave. This teleconference will help you understand lawful methods you can use to restrict unwarranted use of leave. You'll get a firm grasp of the most effective FMLA policies that may be instituted. Failing to adhere to FMLA requirements is a common error that has led to losses of thousands of dollars in worker productivity and court awards. This teleconference is critical  more...

Understanding the COBRA Alternative Coverage Rules nThis teleconference is essential for company personnel who are involved with COBRA coverage and what can be done to reduce costs. In lieu of a company's traditional health plan, for COBRA purposes, the company is allowed to offer alternative health coverage although the procedure for doing so is quite complicated. n nDiscussed first is what constitutes the various forms of alternative health  more...